LAWS(HPH)-2019-7-128

BALBIR SINGH Vs. STATE OF HIMACHAL PRADESH

Decided On July 19, 2019
BALBIR SINGH Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) By way of present petition filed under S.482 CrPC, petitioner has prayed for quashing of FIR No. 408, dated 7.11.2008 under S.498-A IPC registered at the behest of respondent No.4-complainant (hereinafter, 'complainant') at Police Station Paonta Sahib, Sirmaur, Himachal Pradesh alongwith judgment/order of conviction dated 8.3.2016/15.3.2016 in Cr. Case No. 148/2 of 2009 passed by Additional Chief Judicial Magistrate, Court No.1, Paonta Sahib, District Sirmaur, Himachal Pradesh, on the basis of compromise arrived inter se petitioner and complainant on 9.1.2018.

(2.) On 10.6.2019, learned counsel for the petitioner, while inviting attention of this court to annexure P-4 (compromise deed), contended that since the petitioner and complainant, have resolved to settle their dispute amicably inter se them, this court, while exercising power under S.482 CrPC, may quash the FIR as well as consequential criminal proceedings pending before court below. This court, with a view to ascertain the factum with regard to compromise placed on record, deemed it fit to cause presence of the complainant, Smt. Ranjeet Kaur, in the court. Pursuant to order dated 10.6.2019, complainant has come present in court alongwith her counsel, Shri Vinay Mehta, who has filed Power of Attorney on behalf of respondent No.4/complainant.

(3.) Smt. Ranjeet Kaur, complainant states on oath that she of her own volition and without there being any external pressure has entered into compromise with the petitioner vide Annexure P-4, whereby both the parties have resolved to settle their dispute amicably inter se them, as such, she has no objection in case prayer made in the present petition for quashing of FIR as well as for setting aside judgment/order of conviction recorded by learned Additional Chief Judicial Magistrate, Court No.1, Paonta Sahib, is accepted. Her statement is taken on record. Apart from above, documents available on record clearly suggest that the complainant and petitioner filed a petition under S.13B of the Hindu Marriage Act, (Annexure P-5), in the court of learned District Judge, Sirmaur at Nahan, who, vide judgment and decree dated 10.3.2018 has dissolved their marriage by way of mutual consent